Terms of Service and Sale
Last updated: 23 September 2026
Purpose
These terms of service govern access to and use of the Mon Carnet Client SaaS software (the Service) published by Esref Aksu, sole trader (entrepreneur individuel) registered in France under SIREN number 992 228 031, with a registered office at 1 rue Marguerin, 75014 Paris, France (the Provider), by any business customer (the Customer). The Service lets the Customer run a digital loyalty programme for its own customers (Apple/Google Wallet cards, stamps and points, and marketing communications via wallet notifications). By subscribing, the Customer accepts these terms without reservation.
Account and subscription
Access to the Service requires creating an account and taking out a subscription according to the plan and price in force. The Customer warrants the accuracy of the information provided and is responsible for keeping its credentials confidential and for any activity carried out from its account. Billing and payments are handled via Stripe; amounts due are payable according to the billing cycle of the chosen plan. Quota alerts may be sent by email when the plan's limits are approached or reached.
Prices, billing cycles and plan changes
A monthly subscription is billed monthly in advance and a yearly subscription is billed for a full year in advance. Prices and the total amount due are displayed before confirmation. An upgrade to a higher plan takes effect immediately so the new quotas become available without delay. A downgrade takes effect at the end of the current paid period. A change between monthly and yearly billing normally takes effect at the end of the current paid period. However, when the Customer upgrades from a monthly plan to a higher yearly plan, both the higher plan and yearly billing take effect immediately: the full yearly price is charged immediately, the unused portion of the current monthly period is not credited or refunded, and the yearly renewal date is reset to the date of that change. These consequences are displayed to the Customer before final confirmation of the change.
Roles regarding personal data
When using the Service, the Customer acts as the controller of its own end customers' data, and the Provider acts as a processor within the meaning of the GDPR. The terms of this processing are set out in the data processing agreement (DPA) accessible from the Service, which forms an integral part of these terms. The Provider's processing of data relating to the Customer's account and billing is described in the privacy policy for business customers.
Acceptable use and Customer obligations
The Customer undertakes to use the Service only in compliance with applicable law, in particular the GDPR and CNIL recommendations. The Customer alone is responsible for obtaining from its end customers a valid, freely given, specific, informed and non-pre-ticked consent before sending any marketing communication, and for providing the required information about the processing of their data. The Customer must not send any unsolicited communication or import any contacts for which it has no legal basis. It is recalled that the Service delivers marketing only as push notifications on wallet cards, to the exclusion of any marketing email or SMS.
Availability and support
The Provider uses reasonable care to keep the Service available, subject to maintenance, updates and events beyond its control, including outages of the necessary third-party services (Apple Wallet, Google Wallet, hosting provider, email provider, Stripe, Cloudinary). Support is provided on business days through the channels listed on the Support page, without a guaranteed response time. Unless otherwise agreed in writing, the Service is provided without a quantified availability guarantee.
Intellectual property
The Service, its code, brand, interfaces and documentation remain the exclusive property of the Provider. The Provider grants the Customer a personal, non-exclusive and non-transferable right of use, limited to the subscription term. The Customer retains full ownership of the data it enters into the Service. The Customer must not copy, decompile, resell or make the Service available to third parties outside the agreed framework.
Liability
The Provider supplies the Service with a reasonable level of professional care. It cannot be held liable for the Customer's failure to meet its own legal obligations, in particular regarding the consent and information of its end customers. To the extent permitted by law, the Provider's liability under these terms is capped at the total amounts paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim, and excludes indirect damages. No provision limits liability in cases of gross negligence, wilful misconduct, or harm that the law does not allow to be excluded.
Term, suspension and termination
The subscription is entered into for the term stated at sign-up and automatically renews for successive periods of the same duration unless the Customer cancels its renewal. The Customer may cancel at any time through the Stripe customer portal accessible from its account. Cancellation takes effect at the end of the current paid period: on the next monthly renewal date for a monthly subscription, or on the next yearly renewal date for a yearly subscription. The Customer retains access to the Service until that date and no further renewal is charged. Amounts already billed or paid for the current period remain due and are not refunded or credited, except where required by law or expressly agreed otherwise in writing by the Provider. Without prejudice to this right to cancel renewal, either party may terminate in the event of an uncured breach by the other party. The Provider may suspend access in the event of non-payment, non-compliant use, or a risk to the security of the Service. At the end of the contract, the handling of data is governed by the DPA (return then deletion).
Governing law and jurisdiction
These terms are governed by French law. Failing an amicable resolution, any dispute relating to their validity, interpretation or performance falls within the exclusive jurisdiction of the commercial court of the place of the Provider's registered office.